Court No. - 48
Case :- APPLICATION U/S 482 No. - 2224 of 2019 Applicant :- Umesh Kumar Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Singh,Abhinav Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This Application under Section 482 Cr.P.C. has been filed with the prayer to quash further proceedings of complaint case no. 1749 of 2017 (Kamla Shankar Yadav Vs. Umesh Kumar Yadav and others), under Section 406 IPC and Section 6 of Dowry Prohibition Act, Police Station Handia, district Allahabad pending in the court of Special Chief Judicial Magistrate, Allahabad. Further prayer has been made to stay the effect and operation of the aforesaid order.
Heard learned counsel for the applicants and learned A.G.A.
Submission of learned counsel for the applicants is that summoning order was passed in the matter for the same set of facts for which FIR had already been lodged in which investigation is going on. Thus summoning order is illegal.
Learned A.G.A. opposed the prayer.
Having heard learned counsel for the parties and keeping in view the provisions provided under Section 210 Cr.P.C. the application is disposed of at this stage itself with the direction to the applicants to move proper application before the Court concerned within 15 days from today ventilating all the facts, as has been raised in this application. If such application is moved, the court concerned is directed to decide the same within a period of one month thereafter. During the said period no coercive action shall be taken against the applicants.
With the aforesaid observations, the application is disposed of.
Order Date :- 21.1.2019 Sachdeva